State Rep. Fabian Basabe hit with EEOC complaints by 2 workers who sued politician for harassment
MIAMI -- The former intern and legislative aide for State Rep. Fabian Basabe have filed formal complaints with the U.S. Equal Employment Opportunity Commission, asking the agency to investigate their allegations the Miami Beach Republican sexually harassed them.
The complaints by Jacob Cutbirth, 24, and Nicolas Frevola, 25, repeat the allegations made in a lawsuit the pair filed earlier in state court this month. They say Basabe, 45, made repeated lewd sexual comments and made unwanted advances.
Basabe denies sexually harassing members of his staff and calls the allegations "ridiculous."
The EEOC, along with the Florida Commission on Human Relations, will review the allegations made by Cutbirth, the former intern, and Frevola, Basabe's legislative aide, and either decide to file their own lawsuit against Basabe or grant Cutbirth and Frevola the right to sue in federal court.
The EEOC complaint by Frevola and Cutbirth specifically accuses Basabe and the Florida House of Representatives of discrimination based on sex, stemming from Basabe's alleged behavior.
Frevola claims that while Basabe was visiting North Beach Elementary for Career Day, he was standing with Basabe in the back of a classroom full of children when Basabe told him "I want all of that butt" and proceeded to smack Frevola on his backside.
Cutbirth, who worked as an unpaid intern in Basabe's office, claims Basabe told him he was required to flirt with the state representative whenever he was at the Capitol.
He also claims Basabe counseled him to break off his engagement to his girlfriend and "explore his sexuality by having sex with men."
Both men said they were subjected to graphic conversations about sex and that Basabe showed them a naked picture of a man he kept on his phone.
When the sexual harassment allegations were first made, House Speaker Paul Renner issued a statement saying the Florida House has a "zero-tolerance policy" when it comes to sexual harassment and "we will investigate the matter promptly, impartially, and in as confidential a manner as possible."
Basabe denies any wrongdoing.
He noted that Frevola had previously accused Basabe of slapping him across the face and that an investigation by an outside law firm hired by House Speaker Paul Renner had "cleared" him.
In its three-page report closing the investigation, however, the law firm found that "there was physical contact between" Basabe and Frevola, but because of "a lack of corroborating witnesses the finding is inconclusive."
When asked by CBS News Miami in April if he had slapped Frevola, Basabe responded: "I don't remember anything like that. Nicolas Frevola is a good kid. He's been doing good work. I'm very surprised to hear that."
After the report was released in late June, Basabe's opinion of Frevola had changed and he addressed Frevola in a lengthy statement on social media, decrying a "false accusation" made by "lazy, entitled, unscrupulous, self-involved, ungrateful, lying scum." Basabe also wrote about Frevola's mother, also a plaintiff in the lawsuit, referring to the two of them as "this conning, scheming mother and son duo" who "appear to be making suing a profession. They have a reported history of lawsuits against anyone who they think can or will pay."
Following Basabe's social media post, Basabe was asked by CBS News Miami and The Miami Herald to provide details to support his charge that Nicolas Frevola and his mother, Janette, have "a reported history of lawsuits against anyone who they think can or will pay."
Basabe, however, failed to provide any specifics. Attorneys for the Frevolas said there have been no such lawsuits. And a review of court filings across the state found no record of the type of lawsuits described by Basabe.
Basabe's attorney, Robert Fernandez, issued the following statement after the lawsuit was filed Thursday: "We are currently reviewing the Complaint that was just filed. Representative Basabe will not be litigating this frivolous and meritless lawsuit in the media or giving it any more public attention than it deserves---which is none."
"Representative Basabe looks forward to defending himself in court and we believe he will be fully vindicated once these allegations are scrutinized under the rule of law," Fernandez continued. "In the meantime, Representative Basabe will continue to focus on the issues important to the citizens of Florida."